The Australian Competition and Consumer Commission has issued draft notices proposing to revoke notifications lodged by various speedway tracks to restrict access to their facilities to National Association of Speedway Racing licence holders.
Brisbane International Speedway Pty Ltd, Murray Bridge Sporting Car Club & Motorcycle Club Incorporated and Premier Speedway Club Warrnambool propose to only allow drivers and pit crew access to its track facilities on the condition that the driver or pit crew member holds a NASR licence.
"The notified conduct prevents speedway racing clubs aligned with organisations in competition with NASR from holding events at the notifying tracks, which are important tracks in their respective states," ACCC chairman Graeme Samuel said today.
"The ACCC recognises that it is important for tracks and drivers to operate in a safe environment, however the notified conduct locks out alternate licensing bodies from accessing the notifying tracks, regardless of whether such bodies also implement a set of effective safety criteria."
The ACCC considers there are other means for achieving safety standards and risk management procedures without restricting access to holders of a licence issued by a specific organisation. Tracks could set criteria for minimum health, safety and insurance requirements and give alternate licensing bodies the opportunity to demonstrate that they meet the criteria.
The notifying tracks and interested parties now have an opportunity to lodge submissions in response to the draft notices, before the ACCC decides whether to issue a final notice revoking the notifications.
More information regarding the notifications, copies of the draft notices and information on how to make a submission concerning the notifications is available from the ACCC's website, www.accc.gov.au/ExclusiveDealingRegister, or by emailing the Adjudication Branch at adjudication@accc.gov.au.
In 2008 notifications for similar conduct were lodged by Perth Motorplex and Avalon Raceway. In light of the ACCC's decision to issue the draft notices, the ACCC has also written to Perth Motorplex and Avalon Raceway foreshadowing that the ACCC may take similar action with respect to their notifications. Perth Motorplex and Avalon Raceway have been given an opportunity to respond to that letter.
Businesses may obtain protection in relation to conduct that might be at risk of breaching the exclusive dealing provisions of the Trade Practices Act 1974 by lodging a notification with the ACCC. Once lodged, protection for third line forcing notifications begins 14 days after lodgement.
The ACCC may revoke a notification if it is satisfied that the conduct that the likely benefit from the conduct or proposed conduct will not outweigh the likely detriment from the conduct or proposed conduct. Before issuing a revocation notice, the ACCC must issue a draft notice setting out its reasons for proposing to revoke the notification.